The Brunei Times

 

      By Quratul-Ain Bandial

 

 

Indonesia

        ’s representative to

Asean

      ’s human rights body has called on the

 

      10-member bloc to establish a regional human rights court within the next

 

      ten years.

 

 

      Rafendi Djamin, who sits on the Asean Intergovernmental Commission on Human

 

      Rights (AICHR), said it is the next step in developing Asean’s rights

 

      mechanism.

 

 

      “The current terms of reference for AICHR lacks the mandate to investigate

 

human rights abuses

      ,“ he said.

 

 

      “There are many elements to promote human rights but not enough to protect

 

      or investigate them.”

 

 

      AICHR was set up in 2009 as a consultative body to promote regional

 

        cooperation on human rights but

NGOs

      have characterised the body as

 

      toothless and lacking the authority to investigate or prosecute human

 

      rights offenders.

 

 

      Rafendi said Asean’s court should have similar standards to tribunals set

 

        up in

Europe

        and

Africa

      to prosecute genocide and other gross human rights

 

      violations. Once legal avenues had been exhausted at the national level,

 

      cases could be submitted to the regional court.

 

 

      “When Asean in the future agrees to have a court there will be a rule of

 

      exhaustive principles … When national remedies have reached their maximum

 

      or there is no political will to actually settle for judicial solution…

 

      then it will go to a regional level.”

 

 

      The veteran rights activist said the court’s establishment had yet to be

 

      discussed in AICHR because before the court could be set up, the body must

 

      formulate more legally-binding mechanisms such as a human rights convention.

 

 

        Although Asean leaders signed the

Asean Human Rights Declaration

      in 2012,

 

      it is only a political commitment to common values, not a legally binding

 

      document to respect rights like a convention, said Rafendi.

 

 

      “Regarding the convention, the discussion is still very broad… it has to

 

      be discussed with all stakeholders, including NGOs.”

 

 

        He added that next year, under

Myanmar

      ’s chairmanship of Asean, there would

 

      be a review of AICHR’s terms of reference, which would hopefully be amended

 

        to include more protection elements
        Read more here-

http://www.bt.com.bn/frontpage-news-national/2013/12/27/call-set-asean-human-rights-court

 

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